Hernandez et al v. Sroa et al

Filing 111

CORRECTED JUDGMENT. Signed by Judge Maxine M. Chesney on September 17, 2009. (mmclc1, COURT STAFF) (Filed on 9/17/2009)

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ANTONIO L. CORTÉS Attorney at Law Bar No. 142356 528 Wisteria Way San Rafael, California 94903 Tel: [phone] Fax: [phone] Attorney for Plaintiffs Jose and Virginia Hernandez

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ) ) Plaintiffs, ) ) ) v. ) ) SURINDER SROA, et al., ) ) ) Defendants ) _________________________________ ) JOSE HERNANDEZ, et al., CASE NO. CV 08-2804 MMC [PROPOSED] CORRECTED JUDGMENT Date: September 25, 2009 Time: 9:00 am Courtroom: 7, 19th Floor Judge: Honorable Maxine M. Chesney

Decisions by Court. This action came to hearing before the Court on Plaintiffs' April 24, 2009 Application for Default Judgment ("the application") and on Plaintiffs' July 15, 2009 Motion for Attorneys' Fees and Costs ("the motion"). The issues

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ANTONIO L. CORTÉS 528 WISTERIA WAY SAN RAFAEL, CA 94903 [phone] FAX: [phone]

have been heard and decisions were rendered on June 30, 2009 and August 7, 2009. IT IS ORDERED AND ADJUDGED plaintiffs' application is hereby GRANTED in part and DENIED in part, and plaintiffs' motion is hereby GRANTED, as follows:

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ANTONIO L. CORTÉS 528 WISTERIA WAY SAN RAFAEL, CA 94903 [phone] FAX: [phone]

1.

To the extent the application seeks an award of actual damages

against Kirt Menon and Argentum Real Estate and Mortgage, jointly and severally, in the amount of $25,712.33, the application is hereby GRANTED. 2. To the extent the application seeks an award of damages against

Argentum in the amount of $32,000 pursuant to 12 U.S.C. § 2607(d)(2), the application is hereby GRANTED. 3. To the extent the application seeks a finding that Argentum is liable

for the reasonable attorney's fees plaintiffs incurred in prosecuting against Argentum plaintiffs' claim under 12 U.S.C. § 2607, the application and motion are hereby GRANTED and Argentum is Ordered to pay Plaintiffs' reasonable attorneys' fees in the amount of $14,148. 4. 5. In all other respects, the application is denied. Pursuant to Federal Rule of Civil Procedure, Defendants Kirt Menon

and Argentum are ordered to pay Plaintiffs' costs in the amount of $766.59 IT IS SO ORDERED AND ADJUDGED

September 17 DATED: ____________, 2009

__________________________________ Maxine M. Chesney, United States District Judge

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